Open carry' gun lawsuit against Warren settled

Patrick Dunbar, left, supports Jeff Haman of Warren, who sued the city and police officers, after he was forced to
his knees while exercising his open carry gun rights. Macomb Daily photo by David N. Posavetz

To Jeffery Haman, his holstered handgun is like an American Express card.

He doesn’t leave home without it.

The Warren resident who claims four of the city’s police officers violated his constitutional rights to openly carry a firearm has settled his lawsuit against the city.

Haman, 54, sued Warren last year in U.S. District Court and initially sought a $100,000 judgment and $500,000 in punitive or exemplary damages. He recently agreed to accept $5,000. More importantly, he said, the city’s police officers will undergo training about “open carry” practices.

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On Aug. 25, 2009, Haman was walking from a local drug store on 12 Mile at Hoover roads with his semi-automatic pistol holstered at his waist, when a patrolman drove up to him quickly. Haman said the officer pointed a pistol at him through an open passenger window and then came to a stop. Haman said he immediately raised his hands.

The Warren man was ordered to lie on his stomach, hands stretched to his sides. He was handcuffed and three additional officers in two patrol cars arrived. Haman said that when he asked officers why he was stopped, one pointed out that he was walking down the street with a gun.

Haman said he was legally practicing “open carry.”

Police took his .45-caliber handgun and ammunition, and asked if he had documentation for the weapon. Haman said he showed a purchase receipt and a concealed-weapon permit, which is not required for open carry.

In a police video of the incident, an officer is heard telling Haman: “You should at least call us and tell us what you’re doing. Walking around like this is just going to get you hurt somehow.

“You’re just asking for trouble, brother.”

Haman was released at the scene and was not formally charged with a crime.

In his lawsuit, Haman claimed the four officers violated his Second Amendment, free speech and due process rights, and that he was a victim of false imprisonment and assault and battery.

Haman, who says he formerly held a federal license to sell firearms, said more people should understand their Second Amendment rights, and the provision of the Michigan Constitution that states: “Every person has the right to keep and bear arms for the defense of himself and the state.”

“I take that seriously — the defense of myself and the citizens,” he told The Macomb Daily.

Haman said he has been trained to handle firearms since age 14; has openly packed heat since 2007; and trains with firearms monthly.

He said he has never been a victim of violent crime.

“Hopefully my open carry is deterring people from doing that,” he added.

The former autoworker said his home was burglarized prior to moving to Warren in 2000 and that a convicted felon in 1992 threatened by phone to kill him.

Haman helped organize an open carry picnic at Veterans Park in Warren in 2008 that was attended by about 75 gun-toting advocates and their families. Organizers notified Warren police administrators about the picnic beforehand.

Warren Police Commissioner Jere Green said Friday he was not aware of the settlement in the Haman case and thus could not comment on it. Last year, Green said police consult with the city’s attorneys to discuss new laws and potential changes in law enforcement practices. He also said at the time that while he was not commenting on Haman’s lawsuit, officers must quickly assess any potential threat when a person is spotted carrying a gun.

“I don’t think a citizen would just want us to drive by and assume it’s an open carry situation,” Green said at the time. “Safety’s first.”

An attorney that has defended open carry rights cases has prepared a video presentation to be shown to all Warren police officers. The details and scheduling have not been finalized by the attorney and lawyers for the city.

Haman, a member of the national Open Carry organization and the Michigan Coalition of Responsible Gun Owners, said strangers ask him approximately every other week why he openly carries a handgun and whether he’s a police officer.

His case has drawn attention across the country from open carry advocates. His legal defense was funded with online donations and assistance from supporters, including Patrick Dunbar of Mount Clemens.

“I open carry primarily out of convenience,” Dunbar said. “It allows me to know I have the upper hand; I don’t have to rely on bravado to de-escalate a situation. Knowing that I do have the upper hand, I can be submissive in de-escalating a situation.

“If it continues on, I can protect myself,” he said.

Dunbar said he and girlfriend had holstered handguns on their hips recently while attending on outdoor concert on the Detroit riverfront, in plain view of Detroit police officers, Wayne County Sheriff’s deputies and private, armed security at the Renaissance Center.

“I did see them look down at (our guns), look back up, and never gave us a second look,” he said.

During two recent visits to a state unemployment office, a supervisor voiced concern to Dunbar on behalf of employees who felt uneasy about his gun in the wake of the Aurora, Colo., theater shootings.

Dunbar said he told the agency manager he wasn’t posing a threat and raised a scenario of him not carrying his gun inside: “You have two unarmed guards. Who’s going to protect me?”